The following information is offered up to provide some details around the use of easements on real property:
The basic definition of an easement is ‘a right to cross or otherwise use someone else’s land for a specified purpose’. Note here that it is a right of use and not ownership.
All express easements must be in writing and should be properly filed to be of record. Consent to an express easement should be obtained from the grantor’s mortgagee.
Typically easements can be created by granting a deed when interested parties have reached an agreement. Quitclaim deeds are used the most often. When these are properly completed and executed they transfer interest the grantor has in the property to a recipient (the grantee).
The scope of the easement should be well defined so there is no question around the intended use of the easement by either party. Also, do not forget to take a variety of maintenance costs into consideration.These are commonly underrated and should be negotiated and added to the easement agreement.
A cartway on a private driveway is usually petitioned for a landlocked parcel but it can be on a public road as well. The procedure includes petition, notice, and hearing in that order, but it is best to check with the jurisdiction of the land for any sample forms or procedures.
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